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Defendant B Co., Ltd., Ltd., from October 1, 2016, with respect to KRW 584,140,345 and KRW 407,765,405 among them.
Reasons
Facts of recognition
Around May 10, 2014, Defendant C Co., Ltd. (hereinafter “Defendant C”) (a contractor for a construction project ordered by D Co., Ltd.) subcontracted to Defendant B Co., Ltd. (hereinafter “Defendant B”) the construction period of soil and structures (hereinafter “instant construction”) from May 12, 2014 to June 28, 2016, and KRW 9 billion for construction cost (including value-added tax). Defendant B re-subcontract subcontracted the contracted construction work to the constructor F during the construction period from May 12, 2014 to June 28, 2016.
On June 26, 2014, Defendant B entered into a contract with the Plaintiff engaging in the business of leasing temporary materials with the trade name “G” (hereinafter “instant lease contract”) at the F’s recommendation, which had been carrying out the instant construction in the position of Defendant B’s executor, and the Plaintiff supplied temporary materials from July 9, 2014 to the instant construction site in accordance with the said contract. The lease contract for temporary materials (revision) was concluded.
1. Details of leased objects: Temporary materials for building;
3. Separate value-added tax;
4. Delivery Place: Article 1 (General Provisions) A (Plaintiff) of the H E Site in Daegu-gun H E Project Site shall lease temporary materials owned by A (hereinafter referred to as “leased materials”) to B (Defendant B) as the following conditions may be specified, and Eul shall pay rent for the lease from the leased materials:
Article 7 (Transfer and Return) (1) When A delivers leased articles to B, A shall issue a delivery certificate to B, and B shall issue a receipt to B.
(3) When returning leased items, Party A and B shall be present at the workplace of Party A and Party B shall examine the leased items.
However, if it is not possible for B to attend due to the circumstances of B, the transporter of B shall be the agent of B and shall be examined together with A, and the notification of B shall be given to B, and the notification of B shall be recognized.
Article 8. Maturity.